Duncan V. Louisiana the Case Term Paper

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S. Constitution under the Fourteenth Amendment. States can no longer ignore the Fourteenth Amendment following the ruling in Duncan v. Louisiana, and that makes this case a landmark case.

Justice White delivered the opinion of the Court, saying that basically if a state is going to convict a person to a crime that is - by state law - punishable by up to two years, it is then considered a serious crime, and the Fourteenth Amendment comes into play. That amendment, White wrote, "denies the States the power to 'deprive any person of life, liberty, or property, without due process of law." The laws of "every state," White continued, "guarantee a right to jury trial in serious criminal cases; no state has dispensed with it; nor are there significant movements underway to do so." In fact, White went on, the right of the accused to a jury trial is given by the Constitution "..

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.in order to prevent oppression by the Government."

In this case, with four white boys testifying in a judge-only trial against two black boys, in the South in 1966, one could well argue that there was indeed oppression by the government of Louisiana by denying Duncan a jury trial. He was apparently punished based on the word of four white boys in a time of racial tension, with no other witnesses available to testify.

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"Duncan V Louisiana The Case" (2008, April 29) Retrieved April 29, 2024, from
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https://www.aceyourpaper.com/essays/duncan-louisiana-case-30243
   

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